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HomeMy WebLinkAboutResolution - 2010-R0319 - Special Warranty Deed W/Regional Mental Health And Mental Retardation Center - 07/08/2010Resolution No. 2010-RO319 July 8, 2010 Item No. 5.10 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Special Warranty Deed between the City of Lubbock and the Lubbock Regional Mental Health and Mental Retardation Center, and any other related documents. Said Special Warranty Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this July 8, 2010 ATTEST: Reber a Garza, City Secretary 0 APPROVED AS TO CONTENT: Marsha eed, P. E., Chief Operating Officer Aubrey Spear APPROVED AS TO FORM: J,elrla,• •� TOM MARTIN, MAYOR ;r Utilities r' _ n Amy L. a 'Assista i Attorne IMHMR SWD.res6 3 10 Resolution No. 2010-RO319 SPECIAL WARRANTY DEED Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. DATE: July 8th 2010. GRANTOR: CITY OF LUBBOCK, TEXAS GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Texas 79457 GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, an agency of the State of Texas GRANTEE'S MAILING ADDRESS: P.O. Box 2828 Lubbock, Texas 79408 CONSIDERATION: This conveyance is made and accepted pursuant to Section 534.018 and Section 534.019 of the Texas Health and Safety Code and Article 9, Section 13 of the Texas Constitution. The property conveyed herein shall fulfill the public purpose of providing health and/or human services. As further consideration, Grantee agrees that any proceeds from the future sale of the Property shall be utilized for a public purpose; this portion of the consideration shall be a mutual agreement between the parties and shall in no way be deemed a covenant that is attached to the Property and shall not be binding on future owners of the Property. Special Warranty Deed Page I of 8 PROPERTY: The Surface Estate only of those certain lands described on Exhibit "A", attached hereto. RESERVATIONS FROM CONVEYANCE: (a) The Grantor herein reserves for itself, and Grantor's successors and assigns an easement and right-of-way on, over, in, under, along, and across the Property for the purposes of installing, constructing, inspecting, operating, maintaining, repairing, removing, and replacing pipelines, electric transmission and communication lines and conduits, pumps, monitor wells, water wells, well sites, machinery, equipment, personal property, roads, gates, erosion control structures, and all other necessary and desirable appurtenances, facilities, and structures related thereto, as may be necessary or desirable in connection with the exploration, monitoring, drilling, extraction, capturing, production, transportation, storage and other utilization of the Groundwater on and from the Property, together with the rights of ingress and egress over, under, upon and across the Property to engage in such activities as may be necessary, requisite, convenient or appropriate in connection with the foregoing. (b) The Grantor herein reserves for itself, and Grantor's successors and assigns and the public, a perpetual and permanent utility easement and the free and uninterrupted use and liberty of passage in, on, along, over, upon, under, and across all of the Easement Property (herein so called) being described on Exhibit "B", together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines, Special Warranty Deed Page 2 of 8 telephone and telegraph lines, electric distribution and transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction, maintenance, reconstruction and repairing or the reading of meters. Further, it is hereby covenanted and agreed that buildings and/or permanent structures of any kind, including without limitation, fences, shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across all or any of the Easement Property described on Exhibit "B", and if such erection, building or construction does occur in violation of this prohibition, the Grantor shall have the right to remove, without liability and at the expense of Grantee, and/or Grantee's successor and assigns, said building or structure from the Easement Property. (c) The Grantor herein reserves for itself, and Grantor's successors and assigns and the public, a perpetual and permanent stormwater storage and impoundment easement and the right to utilize the surface of the Property for the exercise of such rights and easements, including rights of ingress and egress over, across, and under the Property. Grantee agrees that it shall obtain any and all required permits in the development of the Property and shall grant the permanent stormwater storage and impoundment easement in accordance with the planning, zoning, dedication and platting process designations as required by federal, state and local law and the City of Lubbock Planning Department. Special Warranty Deed Page 3 of 8 (d) The Grantor reserves for itself, and Grantor's successors and assigns, all of the oil, gas and other minerals in, on, under and that may be produced from the Property. EXCEPTIONS TO CONVEYANCE AND WARRANTY: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral and/or royalty interests, and water interests, and other instruments, that may affect the Property; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2009. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, REGARDING THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OR SUITABILITY OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Special Warranty Deed, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, Special Warranty Deed Page 4 of 8 completeness or usefulness of any material furnished by Grantor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. Further, Grantee agrees that Grantee and Grantee's heirs, successors, and assigns shall not utilize any or all of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Property, now or in the future located in, on, or under the Property (the "Groundwater") for any potable or drinking water purposes until such time as the following requirements are met: 1. The Groundwater is fully and properly tested by a laboratory licensed and certified to test drinking water standards and such tests conclusively demonstrate that the Groundwater meets or exceeds all federal, state and local standards and regulations relating to Drinking Water Quality; and 2. Grantee and Grantee's heirs, successors, and assigns have obtained the necessary licenses and permits to serve as a public water supply provider in accordance with the laws and regulations of the State of Texas. Grantee further agrees that Grantee and Grantee's heirs, successors, and assigns may utilize the Groundwater for irrigation purposes only if Grantee and Grantee's heirs, successors, and assigns places appropriate signage warning against any and all potable usage and consumption of the Groundwater. Such signage shall be in a form and content Special Warranty Deed Page 5 of 8 as approved by Grantor and shall remain posted until such time the Groundwater meets the standards and quality as stated above. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, REGARDING THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE OR SUITABILITY, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the condition, quality and extent of the property which comprise the Property it is receiving pursuant to this Special Warranty Deed. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee expressly acknowledges that the Property has been historically utilized for the land application of treated sewage effluent. As a result, certain contamination may exist on, in or under the Property and the Property may not be suitable for all purposes and uses. Grantee represents and warrants to Grantor that it has made a thorough and complete independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee Special Warranty Deed Page 6 of 8 the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. EXECUTED THIS 8th STATE OF TEXAS § COUNTY OF LUBBOCK § day of July , 2010. GRANTOR: CITY OF LUBBOCK TOM MARTIN, MAYOR This instrument was acknowledged before me on by TOM MARTIN, as Mayor of the CITY OF LUBBOCK. Fo""'hELISA SANCHEZ Notary Public, State of Texas My commission Expires 11 072011 ATTEST: Rebe a Garza, City Secretary Notary Public in and for the tate of Texas My Commission Expires: 11-0'1 2)l I Special Warranty Deed Page 7 of 8 APPROVED AS TO CONTENT: arsha Reed, P. E., Chief Operating Officer Aubrey Spear, V9., qrrector of Water Utilities APPROVED AS TO FORM: 7 t AmyL. �Sims, s ity Attorney GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, an agency of the State of Texas By: — Name: Title: C i.p STATE OF TEXAS COUNTY OF LUBBOCK This ins,trument was acknowledged before a on �fit! 2010, by l '�t� �; 4,+. It M as /fi Y of the LUBBOCK MENTAL HEALTH MENTAL RETARDATION ftNTER, an agency of the State of Texas. CAW LLE D. WALKER Notary POW, Stataof Texas My cuff issioart Expires 8.27-2012 SWDeed-UtilityEasement.Lubbock Regional MHMR6.3.10 J�ltd) A � lmdk"'� r Notary Public, State of Texas My commission expires Special Wartanty Deed Page 8 of 8 Tyi71a .i C� i�d I 8�f d y .97 4sc Lsu o,wzsu ;f1" yi ;�t�gadt �e13t� F i ( SiE S,a GLL,7 'tl 'G96r -n 8 ,La'1LL1 M,6t,Sf.laS tr 5 f'7 Utn N i n � 8 �R M b�m Hill IM A N gR X ?7 W 1- SiE S,a GLL,7 'tl 'G96r -n 8 ,La'1LL1 M,6t,Sf.laS tr 5 f'7 Utn N i n � 8 �R M b�m Hill �e R_ I I I I I I I i / / / / / I I i IM gR X ?7 W �e R_ I I I I I I I i / / / / / I I i Nit 1- I L-------36 I � 1 � I I I I �e R_ I I I I I I I i / / / / / I I i SAC& ENGINEERING SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 Resolution No. 2010-RO319 9 "Count on it" FIELD NOTES on a 1.630 Acre Tract out of Section 3, Block B, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with cap marked RPLS 4460 in the East line of Section 3 for the most Easterly Northeast corner of this tract from which a found rod with yellow cap in the South line of East 19th Street and the East line of Section 3, having Texas North Central Zone Coordinates of North:7272793.55, East:963270.26, bears N 010 48' 19" E, (Texas North Central Zone Bearing Basis) 126.53 feet, said found rod and cap being called to bear S 00 01' 22" W, 30 feet from the Northeast corner of Section 3; THENCE S 01 °48'19" W, along the East line of Section 3, in all 1775.38 feet to a found 3/8" iron rod for the Southeast corner of this tract; THENCE N 88013'15" W, along the North line of the City of Lubbock Park tract recorded in Volume 1308, Page 129, Lubbock County Deed Records, 40.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Southwest corner of this tract; THENCE N 01 048'19" E, 1775.37 feet to the Northwest corner of this tract; THENCE S 88013'44" E, 40 feet to the Place of Beginning and containing 1.630 Acres including Thebe notes are based on a survey made on the ground. J. M. Cieszinski RPLS # 4460 July 30, 2008 EXHIBIT B J � ° IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEED 201002450 �� File and Return to 10 PGS ` Dave Booher R.O.W. City of Lubbock SPECIAL WARRANTY DEED Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver's license number. DATE: July 8t 2010. GRANTOR: CITY OF LUBBOCK, TEXAS GRANTOR'S MAILING ADDRESS: P.O. Box 2000 Lubbock, Texas 79457 GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, an agency of the State of Texas GRANTEE'S MAILING ADDRESS: P.O. Box 2828 Lubbock, Texas 79408 CONSIDERATION: This conveyance is made and accepted pursuant to Section 534.018 and Section 534.019 of the Texas Health and Safety Code and Article 9, Section 13 of the Texas Constitution. The property conveyed herein shall fulfill the public purpose of providing health and/or human services. As further consideration, Grantee agrees that any proceeds from the future sale of the Property shall be utilized for a public purpose; this portion of the consideration shall be a mutual agreement between the parties and shall in no way be deemed a covenant that is attached to the Property and shall not be binding on future owners of the Property. Special Warranty Deed Page I of 8 PROPERTY: The Surface Estate only of those certain lands described on Exhibit "A", attached hereto. RESERVATIONS FROM CONVEYANCE: (a) The Grantor herein reserves for itself, and Grantor's successors and assigns an easement and right-of-way on, over, in, under, along, and across the Property for the purposes of installing, constructing, inspecting, operating, maintaining, repairing, removing, and replacing pipelines, electric transmission and communication lines and conduits, pumps, monitor wells, water wells, well sites, machinery, equipment, personal property, roads, gates, erosion control structures, and all other necessary and desirable appurtenances, facilities, and structures related thereto, as may be necessary or desirable in connection with the exploration, monitoring, drilling, extraction, capturing, production, transportation, storage and other utilization of the Groundwater on and from the Property, together with the rights of ingress and egress over, under, upon and across the Property to engage in such activities as may be necessary, requisite, convenient or appropriate in connection with the foregoing. (b) The Grantor herein reserves for itself, and Grantor's successors and assigns and the public, a perpetual and permanent utility easement and the free and uninterrupted use and liberty of passage in, on, along, over, upon, under, and across all of the Easement Property (herein so called) being described on Exhibit "B", together with the rights of ingress, egress and regress at any and all times to accomplish the following purposes: allowing, but not limited to, constructing, reconstructing, repairing and perpetually maintaining any and all types of water lines, sewer lines, gas pipe lines, Special Warranty Deed Page 2 of 8 telephone and telegraph lines, electric distribution and transmission lines and any other type of public utility, whether named herein or not, which easement includes at all times and seasons the right of ingress, egress and regress of motor vehicles and personnel engaged in such construction, maintenance, reconstruction and repairing or the reading of meters. Further, it is hereby covenanted and agreed that buildings and/or permanent structures of any kind, including without limitation, fences, shall not be erected, built, constructed or allowed to be erected, built or constructed in, upon, over, along or across all or any of the Easement Property described on Exhibit `B", and if such erection, building or construction does occur in violation of this prohibition, the Grantor shall have the right to remove, without liability and at the expense of Grantee, and/or Grantee's successor and assigns, said building or structure from the Easement Property. (c) The Grantor herein reserves for itself, and Grantor's successors and assigns and the public, a perpetual and permanent stormwater storage and impoundment easement and the right to utilize the surface of the Property for the exercise of such rights and easements, including rights of ingress and egress over, across, and under the Property. Grantee agrees that it shall obtain any and all required permits in the development of the Property and shall grant the permanent stormwater storage and impoundment easement in accordance with the planning, zoning, dedication and platting process designations as required by federal, state and local law and the City of Lubbock Planning Department. Special Warranty Deed Page 3 of 8 (d) The Grantor reserves for itself, and Grantor's successors and assigns, all of the oil, gas and other minerals in, on, under and that may be produced from the Property. EXCEPTIONS TO CONVEYANCE AND WARRANTY: Validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral and/or royalty interests, and water interests, and other instruments, that may affect the Property; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2009. GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, REGARDING THE VALUE, QUALITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OR SUITABILITY OF ANY OF THE PROPERTY. Grantee further acknowledges that, in accepting this Special Warranty Deed, it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent estimates, computations, evaluations and studies based thereon. Grantor makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any other third party. Grantor, its officers, employees, elected officials, independent contractors, and agents assume no liability for the accuracy, Special Warranty Deed Page 4 of 8 completeness or usefulness of any material furnished by Grantor, if any, or any of its officers, employees, elected officials, independent contractors and/or agents, and/or any other person or party, if any. Reliance on any material so furnished shall not give rise to any cause, claim or action against Grantor, its officers, employees, elected officials, independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk. Further, Grantee agrees that Grantee and Grantee's heirs, successors, and assigns shall not utilize any or all of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Property, now or in the future located in, on, or under the Property (the "Groundwater") for any potable or drinking water purposes until such time as the following requirements are met: 1. The Groundwater is fully and properly tested by a laboratory licensed and certified to test drinking water standards and such tests conclusively demonstrate that the Groundwater meets or exceeds all federal, state and local standards and regulations relating to Drinking Water Quality; and 2. Grantee and Grantee's heirs, successors, and assigns have obtained the necessary licenses and permits to serve as a public water supply provider in accordance with the laws and regulations of the State of Texas. Grantee further agrees that Grantee and Grantee's heirs, successors, and assigns may utilize the Groundwater for irrigation purposes only if Grantee and Grantee's heirs, successors, and assigns places appropriate signage warning against any and all potable usage and consumption of the Groundwater. Such signage shall be in a form and content Special Warranty Deed Page 5 of 8 as approved by Grantor and shall remain posted until such time the Groundwater meets the standards and quality as stated above. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, REGARDING THE DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS OR SUBSTANCES CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, QUALITY, VALUE, FITNESS FOR PURPOSE OR SUITABILITY, MERCHANTABILITY OR OTHERWISE. Grantee has satisfied itself as to the condition, quality and extent of the property which comprise the Property it is receiving pursuant to this Special Warranty Deed. REPRESENTATIONS AND WARRANTIES OF GRANTEE: Grantee expressly acknowledges that the Property has been historically utilized for the land application of treated sewage effluent. As a result, certain contamination may exist on, in or under the Property and the Property may not be suitable for all purposes and uses. Grantee represents and warrants to Grantor that it has made a thorough and complete independent inspection and evaluation of the Property and the title to same and acknowledges that Grantor has made no statements or representations concerning the present or future value of the Property, the state of title of the Property, the condition, including the environmental condition of the Property, or the anticipated income, costs, or profits, if any, to be derived from the Property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee Special Warranty Deed Page 6 of 8 the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. EXECUTED THIS 8th day of July , 2010. GRANTOR: CITY OF LUBBOCK TOM MARTIN, MAYOR STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on by TOM MARTIN, as Mayor of the CITY OF LUBBOCK. - --.- - - --- I ELISA SANCHEZ Notary Public, State of Texas My Commission Expires 11-07.2011 ''area°oa�ac ATTE V:'/ "An, , Reb eca Garza, City Secretary o,u N +. Notary Public in and for the State of Texas My Commission Expires: )1- 0"1- ?•011 Special Warranty Deed Page 7 of 8 APPROVED AS TO CONTENT: M,2, Marsha Reed, P. E., Chief dperating Officer Aubrey Spear,. E., Director of Water Utilities APPROVED AS TO FORM: Zi4 Amy L�Sims, As ity Attorney GRANTEE: LUBBOCK REGIONAL MENTAL HEALTH MENTAL RETARDATION CENTER, an agency of the State of Texas By: _ pj�� Name: Title: C iy STATE OF TEXAS COUNTY OF LUBBOCK This istTa("K-Ep' ent was acknowledged before me on , 1-1 ) �, 2010, by V, , as of the LUBBOCK MENTAL HEALTH MENTAL RETARDATION C NTER, an agency of the State of Texas. �'�` ' �P CAMILLE D. WALKER * !V' Notary mace oiTexas My Carm�sion E>�ires 8.27-2012 S WDeed-Uti I ityEasement. Lubbock Regional MHMR6.3.10 v)KI ak ' Notary Public, State of TexaX. My commission expires l Special Warranty Deed Page 8 of 8 I pa S SSS[dl 7 ,(S'dlLl q. d 0.el.w.las S� sco �R�.. • Hw ao ..He X w ala I � L— — — eI P.4R I ^ql / S.SPSiP � 1P°tp ),W,Ld.lY1 fl„ d �y •- } d % ° J g � t ex NY I I I I I I I sco �R�.. X w ala I � L— — — I I I I I I I ala I � L— — — — — — —( r � I ^ql / S.SPSiP � 1P°tp ),W,Ld.lY1 � 9 I I I I I I I SACENGINEERING S SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 99 (806) 745-7670 "Count on it" FIELD NOTES on a 1.630 Acre Tract out of Section 3, Block B, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a set 1/2" rod with cap marked RPLS 4460 in the East line of Section 3 for the most Easterly Northeast corner of this tract from which a found rod with yellow cap in the South line of East 19th Street and the East line of Section 3, having Texas North Central Zone Coordinates of North:7272793.55, East:963270.26, bears N 010 48' 19" E, (Texas North Central Zone Bearing Basis) 126.53 feet, said found rod and cap being called to bear S 0" 01' 22" W, 30 feet from the Northeast corner of Section 3; THENCE S 01 048'19" W, along the East line of Section 3, in all 1775.38 feet to a found 3/8" iron rod for the Southeast corner of this tract; THENCE N 88013'15" W, along the North line of the City of Lubbock Park tract recorded in Volume 1308, Page 129, Lubbock County Deed Records, 40.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Southwest corner of this tract; THENCE N 01 048'19" E, 1775.37 feet to the Northwest corner of this tract; THENCE S 88013'44" E, 40 feet to the Place of Beginning and containing 1.630 Acres including any Right ay. Th4e notes are based on a survey made on the ground. J. M. Cieszinski RPLS # 4460 July 30, 2008 FILED AND RECORDED OFFICIAL PUBLIC RECORDS O�l�''=0F1�_p Kelly Pinion, County Clerk Lubbock County TEXAS July 22, 2010 03:3PM 2010024501 $sz•007:05 FEE EXHIBIT B